Sec. 773.
330 words·~2 min read·
/bill/119/s/2256/rs/section-773A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Of the amounts made available in this Act under the heading Department of Health and Human Services—Food and Drug Administration—Salaries and Expenses that are derived from tobacco product user fees authorized by 21 U.S.C. 387s , not less than $200,000,000 shall be used by the Commissioner of Food and Drugs for enforcement activities related to e-cigarettes, vapes, and other electronic nicotine delivery systems (in this section referred to as ENDS ), including activities under section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ):
That not less than $2,000,000 of such amount shall be used to continue the activities of the Federal multi-agency task force led by the Department of Justice, Department of Homeland Security, and the FDA to further work to bring all available criminal and civil tools to bear against the illegal manufacture, importation, distribution, and sale of e-cigarettes, vapes, and other ENDS products from the Republic of China and other foreign countries. Provided, Not later than 365 days after the date of enactment of this Act, the Commissioner of Food and Drugs shall update the FDA document titled Guidance for Industry on its Enforcement Priorities, published in January 2020 and updated in April 2020, to expand FDA’s prioritized enforcement to flavored disposable ENDS products in addition to cartridge-based products and to define the term disposable ENDS product.
The Commissioner of Food and Drugs shall submit a semi-annual written report to the Committees on Appropriations of both Houses of Congress on the progress that the Center for Tobacco Products is making in removing all illegal nicotine products from the market: That the initial report shall be submitted not later than 180 days after the date of enactment of this Act. Provided, Section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ) is amended by striking drug or device each place it appears in the seventh, eighth, ninth, and tenth sentences and inserting drug, device, or tobacco product .
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